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PAKISTAN: A husband suffocated and drowned his wife on the pretext of an honour killing

September 27, 2005


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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

28 September  2005
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UA-170-2005: PAKISTAN: A husband suffocated and drowned his wife on the pretext of an honour killing

PAKISTAN: Honour killings; Violence against women; Rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information of yet another honour killing case in Shikarpur District, Sindh Province, Pakistan. According to this information, 22-year-old, Ms. Soneet was killed by her husband, Mohammad Sidique on 17 September 2005. It was reported that Mohammed Sidique killed his wife on suspicion of her having had extra-marital relations with her relative, Mr. Noor Mohammad. A First Investigation Report (FIR) No. 162/05 under Sections 302, 201 Pakistan Penal Code (PPC) has been registered regarding this case at the New Faujdari police station, whose officials maintain that an investigation is underway, but has not been completed as yet. However, our sources say that the police are in fact avoiding the case and have said that the victim’s death is a “private matter”. The police are apparently also of the view that both sides will reconcile their differences once in court.

Honour killings are an extreme form of violence against women and have claimed the lives of tens of thousands of women in Pakistan. It is only with continued pressure on the Pakistan government to implement policy to prevent and punish this heinous crime that the practice may eventually be stopped.

Your urgent action is required in this matter. Please send a letter to the local authorities and request them to arrest the alleged perpetrators as soon as possible and conduct an independent investigation into this case. Please also urge the Sindh State government to take genuine action to prevent honour killings in the future.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of Victim: Ms Soneet, 22, wife of Mohammad Sidique (the perpetrator), by caste Banglani, mother of three children, two of whom have passed away
Perpetrator: Mohammad Sidique (husband of the victim), resident of Bahram Banglani Village, near Sindh Wah, Shikarpur Subdivision, Shikarpur District, Sindh Province - Pakistan
Complainant: Qalab Ali, son of Ghulam Nabi (uncle of the perpetrator), resident of Bahram Banglani Village, near Sindh Wah, Shikarpur Subdivision, Shikarpur District, Sindh Province - Pakistan 
Witnesses:
1) Inayatullah, son of the complainant
2) Ali Gohar, son of Guhram by caste Banglani (cousin of the complainant)
Date of Incident: 17 September 2005, 9:30am
Place of incident: Bahram Banglani Village, near Sindh Wah, Shikarpur Subdivision, Shikarpur District, Sindh Province - Pakistan
Case reported: 17 September 2005, 7:30pm at New Faujdari police station

CASE DETAIL :

On 20 September 2005 a local human rights organisation in Pakistan came to know about the brutal murder of Ms Soonet by her husband, Mohammad Sidique. Mohammad Sidique believed that his wife had had extra-marital relations with one of her relatives, Mr. Noor Mohammad and therefore killed her. He then dumped her body in a canal and walked away. The body has not been seen since.

Meanwhile, Noor Mohammad and his family have had to escape from their village due to the imminent danger they would face should they stay. This is because it is common practice in Pakitan for a person who kills his female relative in the name of honour to kill her paramour too.

Mr. Abdul Ghafar, the son of Gulan by caste Banglani (brother of the victim) came forward to seek help in bringing the perpetrators to account for their actions. As a result, a First Investigation Report (FIR) No. 162/05 under Sections 302, 201 PPC (Pakistan Penal Code) was registered at the New Faujdari police station. The complaint was officially lodged by Mr. Qalab Ali who is the uncle of the perpetrator.

In the FIR it is mentioned that Ms. Soneet and her husband had a quarrel on the evening of 16 September 2005 before the complainant and the witnesses. On 17 September 2005 at about 8:00 am, the perpetrator took his wife and his son Faazul and went somewhere. When the complainant asked him where he was taking his family, he replied that he was going to leave his wife and son with her parents. At 5pm that day however, Mohammad Sidique returned along with his son, but his wife was not with them. When the witnesses and the complainant asked him about his wife, he replied that he had killed his wife having suffocated her due to the quarrel and had thrown her body in Sindh Canal. The witnesses and complainant immediately left the home and approached the Station House Officer (SHO) at the New Faujdari police station to register the FIR.

A fact-finding mission conducted by our source discovered that the allegations of extra-marital relations between the victim and Mr. Noor Mohammad were in fact true. However, Mohammad Sidique’s decision to take the law into his own hands and to murder his wife in retaliation for her actions is entirely unacceptable and highly illegal.

The police have informed the local human rights organisation in Pakistan that they are pursuing the matter and they will inform that organisation of their findings once their investigations are complete. However, the human rights organization believes that the police have done little in bringing the perpetrators to justice and in attempting to locate the dead body. The police have themselves admitted that they believe this to be a private matter, and that it is one that will be settled in the courts. 
 
BACKGROUND INFORMATION:

Cases such as this are often disposed compoundable under the Ordinance of Qisas and Dayat. Dayat (law of compensation) and Qisas (law of retaliation) refer to the cases of bodily injury or loss of life. The punishment of murder is death or imprisonment by Pakistan law. But according to the Ordinance of Qisas and Dayat, if the guardian of the victim forgives the offender and the offender provides compensation to the victim's family or guardian, the offender can be released without any punishment.

In Pakistan, the practice of honour killings appears that any action, real or fabricated, if deemed by the family as compromising their honour, may be considered a valid reason to commit murder. While illegal according to national laws and inconsistent with Islamic doctrine in both the Koran and Sharia, the lack of consistent positive action by Pakistani law enforcement agencies and the seemingly commonplace belief in the practice of honour killings, facilitate this inhuman practice.

Moreover, the decisions of such cases are frequently taken by the landlords (tribal court) rather than by the courts of law. In their decisions they impose heavy fines to the accused male and the killer receives a light penalty considering that they committed murder to protect their 'honour.' Even if the honour killing case goes to the legal court, the victim's family often receives immense pressure from society to compromise with the accused according to the Ordinance of Qisas and Dayat. Therefore, it is difficult for the victims of this case to expect a fair trial or justice.

SUGGESTED ACTION:
Please send a letter, fax or email to the relevant authorities listed below urging their immediate intervention in this matter. 

Sample letter:

Dear _________,

Re: PAKISTAN: A husband suffocated and drowned his wife on the pretext of an honour killing

Name of Victim: Ms Soneet, 22, wife of Mohammad Sidique (the perpetrator), by caste Banglani, mother of three children, two of whom have passed away
Perpetrator: Mohammad Sidique (husband of the victim), resident of Bahram Banglani Village, near Sindh Wah, Shikarpur Subdivision, Shikarpur District, Sindh Province - Pakistan
Complainant: Qalab Ali, son of Ghulam Nabi (uncle of the perpetrator), resident of Bahram Banglani Village, near Sindh Wah, Shikarpur Subdivision, Shikarpur District, Sindh Province - Pakistan 
Witnesses:
1) Inayatullah, son of the complainant
2) Ali Gohar, son of Guhram by caste Banglani (cousin of the complainant)
Date of Incident: 17 September 2005, 9:30am
Place of incident: Bahram Banglani Village, near Sindh Wah, Shikarpur Subdivision, Shikarpur District, Sindh Province - Pakistan
Case reported: 17 September 2005, 7:30pm at New Faujdari police station

I am appalled to learn of yet another honour killing case in Shikarpur District, Sindh Province, Pakistan. According to the information I have received, 22-year-old, Ms. Soneet was killed by her husband, Mohammad Sidique on 17 September 2005. It was reported that Mohammed Sidique killed his wife on suspicion of her having had extra-marital relations with her relative, Mr. Noor Mohammad. A First Investigation Report (FIR) No. 162/05 under Sections 302, 201 Pakistan Penal Code (PPC) has been registered regarding this case at the New Faujdari police station, whose officials maintain that an investigation is underway, but has not been completed as yet. However, I have also learnt that the police are in fact avoiding the case and have said that the victim’s death is a “private matter”. The police are apparently also of the view that both sides will reconcile their differences once in court.

Honour killings are illegal according to national laws and inconsistent with Islamic doctrine in both the Koran and Sharia.  In addition, Article 2(e) of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which the government of Pakistan is a state party, clearly states that the state government should undertake all appropriate means without delay to eliminate discrimination against women by any person, organization or enterprise. Article 2(f) of CEDAW further mentions that the state government should "take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women."

In light of this, I strongly urge you to take immediate action in this case. A through and impartial investigation into the allegations must be conducted and justice brought to the perpetrator if the allegations are found to be true. I also urge the government of Pakistan to take strong measures to stop tribal courts and ensure that the victims and their families get fair trials and justice. Usually, the decisions of honour killing cases are taken by the landlords (tribal court) rather than by the courts of law and the killers frequently receive a light penalty. The government of Pakistan must also take all possible measures to abolish the custom of honour killings by declaring them a "crime" and creating legal provisions to prohibit it. Lastly, I urge the government of Pakistan to fulfill its international obligations and implement CEDAW on a domestic level to abolish the practice of honour killings.

I look to your intervention in this matter.

Yours sincerely,
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PLEASE SEND A LETTER TO:

1. General Pervez Musharraf
President
Pervez Musharraf, Pakistan Secretariat,
Islamabad
PAKISTAN
Fax: +92 51 922 4768/ 920 1893 or 1835
Email: CE@pak.gov.pk 

2.Hon. Mr. Ishrat-ul-Ibad Khan
Governor Govt. of Sindh
Governor House Karachi
PAKISTAN
Tel: +92 21 9201201-3
E-mail: governor@governorsindh.gov.pk

3. Mr. Asad Jahangir
Provincial Police Officer, Sindh Police
Central Police Office Karachi
PAKISTAN
Tel: +92 21 9212626-7
Fax: +92 21 9212051

4. Mr. Tariq Saleem Lone
Regional Police Officer
Sukkur Region
Airport Road Sukkur
PAKISTAN
Tel: +92 71 30547, 30248
Fax: +92 71 31824

5. Syed Sultan Shah
Joint Secretary for Law, Justice and Human Rights
Islamabad
PAKISTAN
Tel: + 92 51 920 3464
Fax: + 92 51 9203119

6. Mr. Fareed Jan Sarhandi
DPO District Shikarpur,
Police Head Quarters Shikarpur
PAKISTAN
Tel: +92-761-515077, 512309
Fax 92-761-512369

7. Mr. Mehtab Shaikh
DPO Investigation
District Shikarpur,
Police Head Quarters Shikarpur
PAKISTAN
Ph. 92-761-515077, 512378
Fax. 92-761-512369

8. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
OHCHR-UNOG
Palais Wilson, 8-14 Avenue de la Paix,
1211 Geneva 10
SWITZERLAND
Fax: 41 22 917 9022

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Case
Document ID :
UA-170-2005
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.